ABSTRACT
This chapter is the second of two dealing with particular types of loss where the courts have imposed limits on the circumstances in which a duty of care may be owed. It explains duty of care in cases of psychiatric harm. These are cases in which the defendant’s negligence does not cause any direct physical impact on the claimant, but exposes the claimant to a shock which causes them to suffer a psychiatric illness or a shock-induced physical illness or injury. The chapter explains the key distinction between primary and secondary victims, respectively: those in the area of danger created by the defendant’s negligence; and those not in the area of danger. It notes that, for both classes of victims, duty of care depends upon diagnosis of a recognised psychiatric illness (or shock-induced physical condition). It explains the duty of care owed to primary victims when they are placed at a foreseeable risk of physical injury. For secondary victims, it outlines the restrictive conditions to be satisfied if a duty of care is to arise. It notes the requirement for a sudden shocking event in response to which it was reasonably foreseeable that a person of ordinary fortitude would suffer psychiatric harm. It also notes the further conditions, which depend on the secondary victim’s proximity in time and space to the events, their direct perception of events, and the need for close ties of love and affection with the primary victim.
